43940

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                                                 15/01212/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 15/01212/B Applicant : Mrs Carol Kermode Proposal : Erection of a detached agricultural building Site Address : Orrisdale Farm Orrisdale Road Ballasalla Isle of Man

Case Officer : Miss S E Corlett Photo Taken :

Site Visit :

Expected Decision Level : Officer Delegation

Officer’s Report

THE SITE 1.1 The site is the farm holding of Orrisdale Farm, situated on the northern side of the steam railway line as it passes from Ballasalla towards Santon. The farm has a number of buildings available to it, the farmhouse lying on the eastern side of the Orrisdale Road opposite a number of traditional stone farm buildings and a polytunnel used for lambing. The stone outbuildings have been converted to tourist accommodation as part of the diversification of the farm. There are also two large agricultural buildings situated to the north of the farm house at the top of the hill side. These are visible from vantage points on the A25 Old Castletown Road near the exit for Santon Church and from the Ballasalla direction, if one is looking in this direction where the top of the building just rises above the crown of the hill.

THE PROPOSAL 2.1 Proposed is the erection of a further building on the high land where the existing agricultural buildings sit. The building is considerably smaller than the existing - 20m by 25m and 6.5m high compared with 50m by 40m and 6.5m high. The building will be finished in green sheeting to match the existing and the ridge will be no higher than that of the adjacent buildings through the use of a lower roof pitch (10 degrees).

2.2 The applicant explains that since converting the stone buildings they are experiencing difficulty having space to manage their pedigree limousin young stock which require separation from their commercial herd.

PLANNING STATUS AND POLICY 3.1 The site lies within an area designated on the Area Plan for the South of 2013 as not designated for a particular purpose. There is therefore a presumption against development other than that set out in General Policy 3 of the Strategic Plan, which includes development essential for agricultural operations. Further guidance is provided at Environment Policy 15 as follows:

Environment Policy 15 states "Where the Department is satisfied that there is agricultural or horticultural need for a new building (including a dwelling), sufficient to outweigh the general policy against development in the countryside, and that the impact of this development including buildings, accesses, servicing etc. is acceptable, such development must be sited as close as is practically possible to existing building groups and be appropriate in terms of scale, materials, colour, siting and form to ensure that all new developments are sympathetic to the landscape and built environment of which they form a part.

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                                                 15/01212/B
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Only in exceptional circumstances will buildings be permitted in exposed or isolated areas or close to public highways and in all such cases will be subject to appropriate landscaping. The nature and materials of construction must also be appropriate to the purposes for which is it intended.

Where new agricultural buildings are proposed next to or close to existing residential properties care must be taken to ensure that there is no unacceptable adverse impact through any activity, although it must be borne in mind that many farming activities require buildings which are best sited, in landscape terms, close to existing building groups in the rural landscape."

PLANNING HISTORY 4.1 Planning approval has been granted for the buildings on the site at the top of the hillside (PAs 05/00540/B and 08/01704/B). The stone buildings were approved to be converted to tourist accommodation under 13/00446/B and 13/91263/B. Planning approval was granted for the erection of two farm dwellings under PAs 08/00920/REM and 08/01567/B and work commenced on these two units (Building Regulation approval 12/07216/DOM and 12/07201/DOM).

REPRESENTATIONS 5.1 Department of Infrastructure Highway Services indicate that they do not object to the application (09.11.15 and 09.12.15).

5.2 Malew Parish Commissioners indicate that they do not oppose the application (03.12.15).

ASSESSMENT 6.1 The key issue in this case is whether the addition of another building to the existing group would increase the visual impact of the existing buildings such that they have an adverse impact on the landscape. The buildings are visible from the longer view from where the top of the buildings is visible. The addition of the building as proposed will not affect the view from the Ballasalla direction as the new ridge will be beyond and hidden by the existing buildings. From the Santon Head direction the building should not be seen as it is shorter than the existing and the topography will result in the proposed building being hidden from view. From the St. Mark's direction the proposed building may be visible as it may add to the ridges and gable profiles visible from this direction. However, this view is fleeting and apparent only if one is looking for the buildings which otherwise do not stand out in the landscape.

6.2 The building is clearly needed for the agricultural operation which takes place from the existing site and is considered to accord with Environment Policy 15 and is recommended for approval.

PARTY STATUS 7.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons: (a) The applicant, or if there is one, the applicant's agent; (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested; (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material, in this case, Department of Infrastructure Highway Services and (e) The local authority in whose district the land the subject of the application is situated.

List any Depts who do not raise material considerations and who should not be afforded interested person status under the Order.

In addition to those above, article 6(3) of the Order requires the Department to decide which persons (if any) who have made representations with respect to the application, should be treated as having sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application.

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                                                 15/01212/B
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In this instance, it is recommended that the following persons have sufficient interest and should be awarded the status of an Interested Person in accordance with Government Circular 0046/13:

In this instance, it is recommended that the following persons do not have sufficient interest to be awarded the status of an Interested person in accordance with Government Circular 0046/13: it may be useful to explain why.

With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 30.12.2015

Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions

C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

C 2. The building must be used only for agricultural purposes.

REASON: the countryside is protected from development and an exception is being made on the basis of agricultural need. As such the building must be used for the purposes for which it is approved.

This decision relates to drawing K/39/3B received on 30th October, 2015 and K39/16 Rev A received on 03.12.15.

I can confirm that this decision has been made by the Director of Planning and Building Control in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted

Date : 30.12.2015

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                                                 15/01212/B
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Determining officer

Signed : M GALLAGHER

Michael Gallagher

Director of Planning and Building Control

Customer note

This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.